A defendant shall be punished by imprisonment for not more than ten months.

1,740,00 won from the defendant.

2. Ex officio determination

A. Confiscation or collection under Article 67 of the Act on the Control of Narcotics, Etc. is not aimed at deprivation of benefits from criminal conduct, but rather a disposition of punitive nature, so there was no benefit from such crime.

Even if the court orders the collection of the equivalent value, and if there are many persons who have committed the crime with regard to the scope of the collection, the court shall order the collection of the equivalent value of the narcotics to each person within the scope he handled. However, with respect to the scope of the collection, it shall be ordered to order the full amount of the equivalent value of the narcotics within the scope he handled based on the defendant. A series of actions by the defendant who handled the same narcotics constitutes a separate crime. If the whole or part of the narcotics have been confiscated from the owner or the last holder, it is the same as that of the confiscated narcotics in relation to other persons in charge, and thus, the equivalent value of the confiscated narcotics shall not be collected.

(see, e.g., Supreme Court Decision 2010Do8764, Oct. 28, 2010). B.

Facts of recognition

According to the evidence duly admitted and examined by the court below, ① as the first and second facts constituting the crime in the court below's holding, the defendant and joint defendants B conspired to purchase from D 0.4g oponon around July 26, 2013, and around August 9, 2013, from D 0.4g oponon around August 24, 2013; ② as the facts constituting the crime in the court's holding, the defendant purchases from D 0.3g opon around July 5, 2013, and receives 0.2g oponon from L around October 22, 2013; ③ as the facts constituting the crime in the court's holding, the defendant accepted 0.2g opon from L around February 24, 2014, and received 0.5g oponon from L around February 24, 2014.